The Sun. — London, England, 1808-08-11 00:00:00

1111 r a SECOND tDITION. SUN-OFFICE, THREE O'CLOCK, P. M. . . WE Stop the . Press to s t ate , t h at a , feport circulation that Mr. MILLS, the Messenger, had ar rived this forenoon with Dispatches froin Sir A. WELLEstai; containing intelligence of the surren der of General JUNOT, with his Army, and the Russian Fleet. It would give us the most sincere satisfaaion to be able to confirm this report ; but as we know that the Public, with reason, look up to this Paper for the earliest and mcst authentic intelligence, we feel it our duty to state, that no such Dispatches have been received, nor has any intelligence from Sir ARTHUR WELLESLEY reached town this day. Mr. MILLS the Messenger did come to town this Morning, tot it was from Windsor. NAVAL NEWS. TostpAY, MM. g.—Sailed His Majesty's Ship ZPltigenia with the Fleet for Newfoundland, and 11 4r1equin and Lord Coo/vane to the Westward. FALMOUTH, AUG. 8. Arrived the Phoenix, TAYLOR, from London for Jamaica. A large Fleet of Vessels are now off this Port, steering to the , Westward, said to be th e E xpe di t i on - tinder the command of Sir JoHN MOORE. 'LYROUTH, AUG. 9.—Arrived the Gibraltar, of to guns, from Ferrol ; the Mediator, of 44 guns, f rom Portsmouth ; and Parthian, of 14 guns, from the Downs. The Leviathan. of 74 guns, went out of Harbour this Morning, and anchored in Cawsand Bay. Sailed the Scorpion Sloop of War on a Cruize to the Westward. PORTSMOUTH, AUG. 10 . —Arrived this day the Met Lugger from Piyinouth, and takes convoy to Guernsey and Jersey. Sailed yesterday the Eurydice Frigate, Primrose and Fylla Sloops of War, with a convoy of Trans forts for Oporto; also the Decade Frigate for Ma deira. DZAL, AVG. 9.-.-Arrived his Majesty's Ships Chitl4 and Alp, from a cruize; and remaius in the Downs with the ships as per last. the Princess DrcitsoN, and the Emma, Amur, from Grenada, are arrived off Dover.— They sailed from Tortola on the 26th June, with the Fleet for England, under convoy of his Majes- Ws Ships Camilla, Rosario and Satellite, and part. ed company on'the 26th July, in lat. 47. N. long. 37.500...Ab0ut 130 Sail in company. DISTRIBUTION OFPRIZE MONEY. To the Stately, for the Capture of the Saturnus, the Vrow margaretta, and Sprittg ( re -captur e ), on the isth inst. and every Tuesday and Friday, for three months, at No. as, Nor folk -street, Strand. to the Hydra, f or t h e Capture of the Jonge Wilhelm, on the toth, at Portsmouth, and every Tuesday and Friday af ter, for three years, at No. 18, Clement's Inn.' o toe Ariadne, for the Capture of the longe Runa, on the lath inst. at N 0.570. Great Russell -street, Blooms. • bury ; and fur three months after, at the same place. The list of Ist Jui,, last, Naval O ffi cers, correct ed up to the , L contains the name s o f 175 ,Ad m i rals, 680 Captains, 51 and 4 Juniors 9 Commanders, 2960 Li eutenants, A ; making 4338 Officers. . . grand Ball an d S upper were given on Monday nightSev by the Officers of his Majesty's Shi p Ch r i stian th e enth) commanded by Sir s Joszen YORK, ly ing in Portstnouth Harbour. The quarter-deek, Which was elegantly decorated, was appropriated for dancing, which commenced at eight, and was kept up with great spirit till half past one in thii% morn ing. Supper was then announced, and after an ele gant repast, dancing was resumed. The company, Upwards of is° in number, did not depart till eight o'clock in the morning. The Transports for the reception of the Guards going on foreign service, are wheeled ; those for the Brigade from Chatham, at the Nore, to which the troops are to be conveyed in small craft; those .or the Brigade from Deal, in the Downs, to be in readiness to proceed to Ramsgate Harbour, where this Brigade is to be embarked. The East Battalion of the Mendip Legion, and tthe R oya l Westbury, Clifton, and Hanbury Volun eers, have resolved to transfer their services to the "cal Militia. zThe har vest h as generally commenced th roughout gland, an d every where presents the most plenti -1 appearance. It may be depended on as a fa&, not less ho nourable to his Royal Hi g h ness t h e Prince of \VALES, .hag it is interesting to th e nation, that a system of Cariet on -h ouse. reduei" of eeon my has been adopted at He i s° about to reside, hence- Windsor, principally near the King, his father, at Windsor, where the lower Lodge-is for his reception. TI •• • no w fitting up the Pavilion . at Brighton, with all its expensive appendages and offices, various is to be sold. ous is at persons are aau a ll y i n treaty for it, and a lady Present likely to be the purchaser. Mrs. FITZ-. II01)ER'; who has already disposed of her house on the Steyne, has t a k en . another at Parson's-green in Middlesex, which sh e i s occupied in embellishing for her future residence. Mr. CAWTHORNE, ''es late Memb er f or L ancaster, cl,ear!lately come into a c o ns id erable fortune, by tire , ii.OT • ni. c LU Dr.LAvAL, father to Mrs. CAW-- ritoitNe. Yt.sterday the Cabinet Ministers dined Ng, ith his Grace t Duke of P . totTbAND. POETRY'. , The following Nem is so just a tribute to the worth and talents of the Gentleman to whom it is addressed, that we have great pleasure in 'submitting it to .our Readers. It was written by MisS TUE rusts, a Lady whose poetical powers 'have been de servedly admired. VALENTINE TO WILLIAM orprOit. A pleasing form, a virtuous mind, A temper gracious, liberal, kind, A friendship steady and sincere, A heart incapable of fear, , Because incapable of wrong, Such was the youth who grac'd my wing; Such was the guide I proudly cho'S'e Whep Valentine's sweet morn arose ; The day, the year, are gone and past, Yet ever shall our friendship last ; Dalton, farewell ! no longer thine, Fate 'gives another Valentine; For tyrant custom has decreed Thou shalt not to thyself succeed. Where shall the little lorn one stray, Or who will point her dubious way ? Her doubtful .step may tread aside .Without her lov'd accurtoin'd guide; Banish'd the harbour of his breast, She knows not, seeks not, where to rest ! /Ur shatter'd vessel scarce can 'bide The tossings of life's turbid tide ; Then let her cast her cies around, And anchor on the firmest ground ; Implore some kind extended hand To lead her o'er life's fairy land, And point the dangers which await A female's unproteCied state. And who so competent a guide. Who o'er her condutt to presi As he, whose quick discerning eye Each little weakness can descry ? As he whose noble candour proves The beauty of that truth he loves ? 0 Cr rPom D I though thy bitter page Announces all the Critic's rage, The gall which makes vain It'll) , smart Flows from thy judgMenr, not thine heart i For in thy meek, yet ardent, breast What gentler virtues stand contest What dignified humility, . join'd to the babe's simplicity ! • 0 ,, Since such thou art, I will not fear To choose thee tbr th' ensuing year; The humblest vot'ty of the Nine Claims a Parnassian Valentino I And if no talent she reveals, Her only boast is—that she feels 0 d r romp ! while the tender tear Bedews thy gentle ANNA's bier, Dares; thou aver no stone will tell The name of him who lov'd so well ? While judgment, taste, and fling, live, Darest thou aver no friend will grieve, When Nature's noblest works decay, And high-soul'd C 1 1 ,7010.1) sinks to clay ? SPORTIAG INTELLIGENCE. LEWES RACES. TUESDAY, AUGUST 9. The third and last year of a Sweepstakes of togs. each, for three_yr old colts, gst. 31b. and fillies, fist. The last mile and a half. The winner of the Derby, Oak, or Ascot, to carry 71b. extra. Lord Egremont's b. f. by Gohanna, out of Lazy - t Lord G. Cavendish's b. c. by Coriander - 2 Lord Chichester's br. c. Ferdinand, by Waxy - 3 6 to 4 on-Lord Egremont's Gonanna. Ten Subscribers. Seven paid off: His Royal Highness Prince of Wales's Rubens, brother to Castrel, Bst. 31b. agst Mr. Fermor's b. c..by Gohanna, bought of Air. Bird, gst. 61b. the last mile 2oogs. 011. His Majesty's Plate of zcogs. for any horse, mare, or geld ing ; four-yr olds to carry lost. 41b. ; five-yr olds, use. 61b. ; six-yr olds, I2St. ; and aged, las t. 2 1b. the best of three four-mile heats. Lord Egremont's ell. h. Election, 4 yrs old . I t Mr. Daly's c. h. Bob Booty, 4 yrs old - - 2dr Mr. f. Crofi's b. h. Hawk, 4 jrs old dr EMERY was to commence his engagement at Newcastle last night, as Tyke, in the The School of Reform, and Sheepface, 111 The Village Lawyer.— B A HRY MORE is the tragic hero of , tharplace,. and. Mrs. HARLOWE takes the lead in the comic parts. COOKE is engaged for a few iiights at York, and makes his debut to-night in Richard the Third. He performed Oakley for Mrs. GLOVER'S Benefit-before he left Newcastle, and it was evident that he had prepared himself to be in sufficient spirits for the termagent temper of The Jealous 11 7 ife. The arrival of the QUEEN of FRANCE and the Duchess of ANGOULESM E, in this Country, is expea-. ed by Lours XVIII. before the end of the present' month. MARIA JosEenA Lours.‘, the expatriated . Queen of France, is somewhat more than two 'years older than her husband. She was the eldest daugh ter of the late King of Sardinia, VICTOR AMADEUS by a daughter-of PHILIP V. King of Spain.— Her younger sister married the Count D'ARTOIS, but neither of these Princesses Was ever distinguish ed by their personal beauty. The present Queen, whci has resided during several year 4 past at Mittau, in Courland, entertained the greatest apprehen sions at the idea of passing the portion of the Baltic from Liebau to Carlscrona, in Sweden, but she made the voyage with great ease, and is now about to embark for Yarmouth, in an English frigate. Madame Royale, Duchess of ANGOULESMB, who accompanies her, must ab:rays deeply interest, from the, circumstances of her. birth, imprisonment, and misfortunes, every mind of sensibility. She is now near thirty years of age, by no m6ans, handsome, nor endowed with any extraordinary talents, but she is amiable, virtuous, benevolent, and inclined to devotion. Though she has been married above nine years to the Duke of .- 21wootit . tsmE, her cousin, she has never given an heir to the Thrcme once occupied by her father ; nor is such an event considered as probable to happen, at any future time, by the family, of BOURBON. Her sufferings, while confined with her father and mother, in the Temple at Paris,' during the years 1792 and 1793, were such as to und erm i ne, if not to destroy, the strength of her constitution. Even her intellectual p 0 WeIS Were impaired or enfeebled by those scenes, at the bare recollettion of which humanity shudders. , LAW REPORT. COURT OF CHANCERY, Ava. ro. IN THE • MATTER OF LADY AUGUSTA MUERAY, BA RONESS AMELAND, V. HIS ROYAL HIGHNESS LUKE OF SLISSLM. This day an application was made on the part of the Noble Plaintiff, by Mr. THOMPsON, praying to set aside an order made by his Honour the MAsTFAt of the ROLLS; in last July, for appointing Goardiani' for the care of her Ladyship's children by the Royal puke. Her Ladyship's affidavit stated, that in 1802 she had applied for an injandion to restrain the sum of 40061. a year, which his Royal Highness had settled on her Ladyship, out of the allowance granted to hitn 6y his Majesty, from coming through the handS of his Royal Highness : 'a conditional injundion Was granted, but the merits of the case never have been discussed, in consequence of the late Mr. Pitt's having taken on himself the care of negociating the differences subsisting between the parties at the time. This was followed in 1806, by a‘deed of settlement, under which his Royal Highness agreed to allow her Ladyship, for the maintenance and education of her Son, 5001. a-year, and for the like purposes to her daughter, 2001. a-year ; and it was also agreed there by, to appoint the Earl of Moira and Lord Fincastle Trustees for the payment of those annuities, and superintendants of the childrens' education; This adjustment, however, not having proved finally sa— tisfaelory to all parties, a bill was filed in July last, praying that an order might be issued tp appoint guardians for the care and education of the children; and an order was accordingly made. The present application, then, was urged upon the ground that the deed which settled the annuities for the support of the c hild ren likewi se _ a p po i n t e d trustees for their, education, and that the Noble . Lords thereby appointed, were, to all intents and purposes, guardians of the children. It was also stat e d, that her Ladyship was taken by surprise, and had not been served with due,notice. The Lear ne d Advocate urged the i liardship which the latter ap pointment would occasion to her Ladyship,. who, by such an order, would be deprived of the satisfac tion of Having her children under her own imme diate superintendance, and that she might also be liable to be called on for payment of 'the sums advanced on their account, should the order be con- firmed. The LORD CHANCELLOR, however, was of *opi nion, that the order should-be confirmed; for, as the Duke of Sussex was not legally authorised to appoint. a Guardian for those children, it was incumbent on the Master to dire& the appointment of legal Guar dians. The Master Was of curse bound to exam i ne all the parties concerned in, this matter, upon oath, in order that proper Gliardians might be chosen. for. such a trust. . TIIE ATTORNEY GENERAL V. BULLER, SeC. A. bill had been filed in this case by. the Attorney General, on the relation of Mr. Iludell, the rector ot the parish of Recorden, and Mr. White, vicar of the parish of Wexnainster, against Mr, huller, Sir .1. Ilchester, and other', trustees fbr managingti:e cor porate charities of these parishes, and of a chaplainry adjoining ; and it was now asked, on the part of the Plaintiff, that a receiver should, in the mean time, be appointed. Sir Saraußhßomihr..v and Mr. BELL, for the Plain tiff, stated, that in the rei7 - 11 - of Henry the \Midi, the tithes of the lands in these two pat 'sites, and in an adjoining chaplainry, were made over as a charita ble foundation, for the support of a Itedor or Vicar in each of the two parishes, for the endowment of a free-school, and the support of a certain nutuber of • boys, and, after these objects were accomplished, fOr other goodand chari table purposes within the parishes. In the reign, of Edward VI. -the trustees of the cha rity were ereCted into a corporation ; • and; in of James I. a decree was obtained, in the Court of Ex chequer, designating the objets of-the trust, as al ready specified, and declaring that the funds should On no account be in anyways applied to the use of the trustees themselves, or .of other persons of wealth or influence. At the date of thiS decree, being the 22d of James I. the tithes in question amounted to I tool. At this moment, nearly at the distance of two centuries, they did not yield more than 13001. although it was sworn that the value of these tithes amounted . to, •if they did, not exceed, -59001. The trustees themselves were in the actual poisession, either by themselves or their tenants; Of a great part of these tithes, which extended over 16,000 acres, and, although it was not alleged that they granted compositions of their own tithes, at a lower rate than they did to strangers, it was sof- . ficient to infer a gross and scandalous breach of trust, to say, that these tithes were compounded on an average, at the rate of sixpence per pound. It was therefore essential to the purposes. of the charity, that a reeeiver.be appointed. bap '• 'Mt. HART and Mr. Tuomse . ar, for the Trustees, offered to undertake that. notices to determine the existing compositions should be given at the first pos sible moment. In other respects, the general scope of their argument went t o shew that there could be nothing corrupt in the conduct of the Trustees,_ who meant, to do. good, and at the most were only. guilty of an error in judgment, which they Were willing to correct. .That the relators had no 'cause of complaint they inferred frOm these facts, that the Vicar of Wexini Lister had a salary of 2001. a year, in addition to which, a sum of 10501. had been ex pended in building hitwa house. As to the other relator, Mr. Rudell, he had ceased to fulfil the du ties of his office ever since the year 1797, during the whole of which time his family had received the salary, which amounted to nearly 20u1. a year, al though he himself was acting as chnplaiu to a man of war. From the schoolmaster and boys no com plaint. was heard, and as to them, therefore; it was reasonable to infer that the charity had been duly administered. The Logo CHANCELLOR,, esteeming this to be a question of the very highest importance, should - take time to consider before he disposed of it altogether. On this point, however, he could have no doubt; namely, sending it terthe master to tix what were the compositions which ought to be paid by the trus• tees themselves, and their tenants, f or the tithes in question' otcupied by them, it not being atteinpnid yen to insintiate that there was one or these trustees ho did not by himself, or his tenants, occupy soinc part of Ow. iitiles in question. On the general con duct td cinititics of this kind, lie was wiry to declare _.~. ~ ~=. it 'as his decided. opiuion, from what he had observed, and from what he had heard iii that Court, that the - legislative interference was particularly called for. ~i CHURCH V. BROV.ng. - This case came before . the I_,(:an CHANCELLOR a few days ago, on exceptions to the Master's Report. Tile Defendant had entered into an agreement to-let to the Plaintiff a shop employed in the grocery bu-' siness, on a'lease for ..ft yeirs, to contain the usual and necessary covenants. .I.'or specific -performance of this agreement, the Plaintiff filed his bill, and the Defendant insisting that a clause, by wild, the lessee should. be. prohibited Iron; assigning th e l e a s e in question, was a ustv,l and necessary covenant, the gut-6(ton was sent to the Master to inquire and report. The report. of.the Master went to i find that the lessor had no right to insert such a stipulation as one usual and proper. - _ . The LORD CHANCELLOR stated, that after fully weighing the question, and after consulting, as he had promised he should do, With his Honour, the Master of the Rolls, his opinion continued the spine . tt had formerly been, namely, that a covenant pro hibiting the lessee from assigning his lease, was not a covenant usual and necessary ; that it was iminap serial for this objed, whether the words « usual and necessary" were contained in the agreement or nor; and that, unless specially stipulated for, the lessor had no right to insist on such a covenant being in serted in a lease. His Lordship alluded to lite case of Anderson and Hiiyes, decided by Lord Thurlow, and by referring to the. Register's Book, shewed that this was not a diary), of Lord Thurlow's, but a so lemn decision ; and he considered it to be exactly a case in pOint. Loid Kenyon, no doubt, at nisi pries, had laid down a contrary doctrine, as had also, on a subsequent occasion, relying on this opinion' of Lord Kenyon, the Court of Exchequer. His Lord ship, how.ver, with all deference, differed from these opinions hi point of law : they had, unquestionably, not paid the 'highest respeei to the judgment of Lord I'hurlow,, is hich, in his Lordship's opinion, was correct; the Master of the' . ll,lls was of this opinion also ;. and but for the ; decision of Lord Kenyon, the Court of Exchequer . would have found accord ingly. His Lordship, however, when he saw three questions on this . subjed before the Master of the Rolls, and one before himself at the same time, could by no means consider this . as a point that w as decided. Differ i ng widely, therefdre, as he did from these d ec i s i ons , h e f oun d himself bound - in duty to confirm the Master's Report, thereby giving effeet to Lord Thurlow's judgment, that a coyenant prohibiting the assignment of a lease was not one which. the lessor was entitled to have inserted. EX PARTE LORD NEWBOROUGH. This was an application on behalf of the young Lord New borough, to be.let into possession of his tattler's estates in Carnarvonshire and Angltsea. The ground of. application was, t hat notwithstand ing. the estates in question had -been settled in trust so long since as 1798, the Trustees had rettsed to .a6t, and ;litre was no one legally authorised to Col lect the rents and profits. This was completely tra versed by Sir ARTHUR PIGOTT in the replication of the .Trustees. It appeared by the trust deed of 1795, that Lord Newborough bad vested certain estates for the use of, his. will, and that Lord Arden and the Hon. Spencer Perceval were nominated Trustees. It was true Lord Arden bad refus,•d to ael . , but no t bi..r Noble Lord' had been appointed, as was pro vided for by the. deed. These two had nominated the Agent employed by the late Lord Newborough to colled the' rents • and profits, and the Trustees were fully .in possession. It also appeared that in addition to the Noble Personages above named, Lady Newborough, Sir 'Francis Burdett, Bart. and Coutts Trotter, E,( l . were appointed Guardians of his Lordship's infant family and that, the estates were settled; with limitations, over to the family of the Honourable Spencer Perceval, beginning with, his second son. The CHANCELLOR said the .Trustees had given a direct answer to the application, and were aaually in possession of their trust. If the fals were mis-stated, the Learned Gentleman who appeared for Lord Newborough would have an opportunity of corning again, but for the present the case was tnily answered. Next week a Meeting of the EleCtors of West. minster, will be held at Palace-yard, for the purpose of addressing his MAJESTY on the glorious events which have lately taken place in Spain. This day the Duchess . .of. BRUNSWICK completes tier 71st year. Thursday afternoon, betwixt the Broornielaw and Anderson, as two little girls, sisters, one aged eleven, the other nine, were going along a plank, which reached from the bank of the river to a lighter, one of them stumbled, and the other attempting to save her sister, they, both fell into the river, and from its swollen state, there was no possibility of saving them. Their bOdies have. not yet been found. MANSION FIQUSE.--A man named fillcueen wag brought up before the LORD MAYOR, charged with having stolen 'from a public-house, the Three Crowns, on pow g ate-hill, where be had slept on Tuesday night, several articl es o f wearing apparel, the property of 'a young man named Steel, who lodged in the same apartment. The Prisoner was suspeded by the landlord of the house, on his pro ceeding to depart in the morning, from an apparent increase in his bulk. An Officer was sent for to search him, when the stoleii articles were found wrapped round his body. The Prisoner, a hoary ve. teran above Go,..stated himself to be a labourer be longing to the' King's Yard at chatharn, and said that be came to town to receive • priz-mOney. He could not deny the taa o:irged against him,, but said , he was very sorry " that, the accident happened." He was remanded till to-Morrow, on account of the non-attendance of the publican. CORN-EXCHANGE, AUG,`II„---There . are but short supplies of Wheat to-day, and List prices - in this trade are fully supported; •Barley likewise; Rye is at less; Malt and White Pease at little variation ; Beaus. of the two kind are rather lower; there are again large supplies of Oats, and this article is quoted cheaper ; itt Flour little variation. .4V iI.!AL 58's a 6f3S a Bzs od 1 Tick Beans -57 s a 63s ed Fig»l ditto : - 84, A 37 , o,: I lbts .- 38s a 406 a 43S od .R } e P . - 4 (1 -. 4 5.. S Olt l' t;l.lnd ditto 4 4% a 45s od Harley - . 4 zs a 47s od . 1) , , , .at0e - . --s a 47....0d Malt .. ' .- 66, a 76s NI 1 10:.,re Sred - 37: a 4: 1 (.4 %Vivre Pezze .ii ,s a 1:,,, 0 fine Flour 6os 4 65s —s'(.4 Grey ditto ‘ - j;s a 6,s o Seconds ' - -55 s a 6cs od Beans (Old} . 6os a 660 od .t I